Acórdão nº 0012611 de Court of Appeal of Lisbon (Portugal), 07 de Maio de 1996
| Magistrado Responsável | PAIS DO AMARAL |
| Data da Resolução | 07 de Maio de 1996 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR COM.
Legislação Nacional: CPC67 ART487 ART661. CCIV66 ART559 ART560 N3. CCOM888 ART102 ART395. DL 344/78 DE 1978/11/17 ART5 N6.
Sumário: I - Sendo o comerciante o intermediário nas operações que têm por objecto as mercadorias, os bancos são especialmente os intermediários nas operações que têm por objecto a mercadoria dinheiro. II - Tais operações são necessariamente lucrativas, recebendo o banco, através dos juros, um rendimento ou compensação pela disponibilidade do capital. III - A abertura de crédito consiste na convenção pela qual a instituição de crédito se obriga a pôr à disposição de um cliente fundos ou a assumir uma responsabilidade, até certo limite e durante certo prazo, mediante remuneração, comprometendo-se o cliente a reembolsar o banco das quantias utilizadas. IV - Na abertura de crédito não há desde logo dinheiro emprestado, mas é posta à disposição do cliente determinada quantia, que, sendo utilizada, faz redundar a operação...
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